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> The core platform service in this case would be iOS itself. You’re right, iOS is a CPS. But that doesn’t change much in the meaning of the provision, nor doe
by turquoisevar 3y ago
> The core platform service in this case would be iOS itself.
You’re right, iOS is a CPS. But that doesn’t change much in the meaning of the provision, nor does it make it applicable to web developers.
Specifically for iOS it would change to:
> The gatekeeper shall not require [people] to use, to offer or interoperate with [stuff] of that gatekeeper in the context of services provided by [third party devs] who use [iOS].
The PWA engine is a core part of the iOS operating system, so there is no “us[ing]” “offer[ing]” or “interoperat[ing]” with other stuff.
But the point below is more relevant here.
> Also, nowhere in the DMA does it say that there must be a contractual relationship between an entity and the gatekeeper in order for the former to be considered a business user.
True, I’m skipping the minutiae and going straight with the end conclusion.
Article 2 of the DMA contains all definitions.
For business users it states under clause 21:
> 'business user' means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users
The CPS in this instance is not iOS because iOS isn’t used in the course of providing goods and services nor for the purposes stated above nor can it be used for those purposes.
The CPS in question is as defined under clause (2)(a), namely an intermediary service, more precisely, the App Store.
And Apple only allows usage of the App Store (and its IP needed to make apps) when under contract.
The DMA does not prohibit this, because doing so would be nationalizing private property.
Ipso facto, business users are under contract and web developers aren’t “business users” as defined under the DMA.
Hence the main clause in question, the one clarified at the top, doesn’t apply to PWA developers.
> Windows is a designated CPS under the DMA and no contract with MS is required in order for you to make, distribute, and have your users run your software on their Windows PCs.
That’s not a consequence of the DMA, it’s a consequence of Microsoft not monetizing their IP in that way.
- EMIRELADERO 3y agoI disagree with the general notion that making an app that is compatible with an operating system (i.e, that calls its APIs) is a "use" of the OS maker's IP, at least on a legal sense (which is all that matters in this context). For furher clarification, please see this fellow HNer's comment and its response by user kmeisthax: https://news.ycombinator.com/item?id=39564383 https://news.ycombinator.com/item?id=39564383
- smoldesu 3y agoIf this is Apple's most straightforward defense then it's a terrible day to be a shareholder.